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...Of this $4.5 million, $2 million was for going-concern damages. The district court denied CAPECO'..., he also calculated Coastal's going-concern value. In the first trial, Sherwin valued Coastal's goin...
...First, the partnership must determine the value of each of its assets under paragraphs (a)(2) thro... in section 197), as well as any goodwill or going concern value that would not qualify as a section ...
The Omnibus Budget Reconciliation Act of 1993 (OBRA), signed into law on Aug. 10, 1993, focuses on the amortization of intangibles. It contains Section 197 which allows depreciation deduction or the amortization of assets acquired in excess of the purchase price over the fair market value to be classified as intangibles such as goodwill and going concern value, business books and records, patents, copyrights, franchises, trademarks and computer software. It can only be applied to asset acquisitions made after the enactment of OBRA 1993.
Part 2 The uniform amortization rules for intangible property, enacted in 1993, can have an effect on partnership distributions when a retiring partner sells his interest to the partnership. Because partnership interests are largely comprised of intangibles, such as goodwill and client lists, the amortization rules will apply to the payments to the retiring partner. The anti-churning provisions may deny amortization of goodwill and going concern value when acquired from related parties at the partnership level and at the partner level.
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